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battery-claims-excluded-under-ftca& Case Commentaries

Legitimation Against the Marital Presumption: Georgia Supreme Court Leaves Best‑Interests Framework Intact and Calls for Legislative Clarification

Legitimation Against the Marital Presumption: Georgia Supreme Court Leaves Best‑Interests Framework Intact and Calls for Legislative Clarification

Date: Oct 17, 2025
Legitimation Against the Marital Presumption: Georgia Supreme Court Leaves Best‑Interests Framework Intact and Calls for Legislative Clarification Introduction In Marquez v. Aguirre, Case No....
Moss v. State: Ambiguous Self-Referential Statements Do Not Clearly Trigger Georgia’s Confession-Corroboration Rule; Unsettled Status of Offense Captions as Factual Allegations; Particularity of Cell-Phone Warrants Reaffirmed Through Pugh/Wilson Framework

Moss v. State: Ambiguous Self-Referential Statements Do Not Clearly Trigger Georgia’s Confession-Corroboration Rule; Unsettled Status of Offense Captions as Factual Allegations; Particularity of Cell-Phone Warrants Reaffirmed Through Pugh/Wilson Framework

Date: Oct 17, 2025
Moss v. State: Ambiguous Self-Referential Statements Do Not Clearly Trigger Georgia’s Confession-Corroboration Rule; Unsettled Status of Offense Captions as Factual Allegations; Particularity of...
Redressability at the Core of Georgia’s Actual-Controversy Requirement: Plaintiffs Must Sue the Actor Causing the Injury

Redressability at the Core of Georgia’s Actual-Controversy Requirement: Plaintiffs Must Sue the Actor Causing the Injury

Date: Oct 17, 2025
Redressability at the Core of Georgia’s Actual-Controversy Requirement: Plaintiffs Must Sue the Actor Causing the Injury Introduction This commentary examines the Supreme Court of Georgia’s decision...
Plain Error at the Time of Appeal—With a Prospective Caveat: Georgia High Court Holds Daubert Inapplicable to Pre‑2022 Criminal Trials and Reaffirms Harper/Belton for Footwear Testimony

Plain Error at the Time of Appeal—With a Prospective Caveat: Georgia High Court Holds Daubert Inapplicable to Pre‑2022 Criminal Trials and Reaffirms Harper/Belton for Footwear Testimony

Date: Oct 17, 2025
Plain Error at the Time of Appeal—With a Prospective Caveat: Georgia High Court Holds Daubert Inapplicable to Pre‑2022 Criminal Trials and Reaffirms Harper/Belton for Footwear Testimony Introduction...
Actual Knowledge Is Awareness of the Hazard Itself, Not Its Precise Location: Georgia Supreme Court Clarifies “Specific Hazard” and Limits Constructive-Knowledge Principles in Premises Liability

Actual Knowledge Is Awareness of the Hazard Itself, Not Its Precise Location: Georgia Supreme Court Clarifies “Specific Hazard” and Limits Constructive-Knowledge Principles in Premises Liability

Date: Oct 17, 2025
Actual Knowledge Is Awareness of the Hazard Itself, Not Its Precise Location: Georgia Supreme Court Clarifies “Specific Hazard” and Limits Constructive-Knowledge Principles in Premises Liability...
Smith v. State: Clarifying the Timberlake Framework for Extraordinary Motions Based on New Expert Scientific Analysis

Smith v. State: Clarifying the Timberlake Framework for Extraordinary Motions Based on New Expert Scientific Analysis

Date: Oct 17, 2025
Smith v. State: Clarifying the Timberlake Framework for Extraordinary Motions Based on New Expert Scientific Analysis Court: Supreme Court of Georgia Date: October 15, 2025 Citation: S25A0548 Author:...
No “Basic Fairness” Shortcut: Georgia Supreme Court Requires Explicit Rule 401/403 Analysis Before Excluding Social-Media Gang Evidence (State v. Sims)

No “Basic Fairness” Shortcut: Georgia Supreme Court Requires Explicit Rule 401/403 Analysis Before Excluding Social-Media Gang Evidence (State v. Sims)

Date: Oct 17, 2025
No “Basic Fairness” Shortcut: Georgia Supreme Court Requires Explicit Rule 401/403 Analysis Before Excluding Social-Media Gang Evidence Commentary on State v. Sims, Supreme Court of Georgia (Oct. 15,...
Taylor v. State: Unpreserved Fourth Amendment Attacks on Social Media and Cell-Phone Warrants Face Plain-Error Review; Cumulative Digital Communications Render Any Error Harmless

Taylor v. State: Unpreserved Fourth Amendment Attacks on Social Media and Cell-Phone Warrants Face Plain-Error Review; Cumulative Digital Communications Render Any Error Harmless

Date: Oct 17, 2025
Taylor v. State: Unpreserved Fourth Amendment Attacks on Social Media and Cell-Phone Warrants Face Plain-Error Review; Cumulative Digital Communications Render Any Error Harmless Introduction In...
Voluntary Intoxication Instructions in Georgia Must Include “Permanent Brain Function Alteration” Limitation; Intoxication Alone Does Not Render a Confession Involuntary Absent Police Coercion

Voluntary Intoxication Instructions in Georgia Must Include “Permanent Brain Function Alteration” Limitation; Intoxication Alone Does Not Render a Confession Involuntary Absent Police Coercion

Date: Oct 17, 2025
Voluntary Intoxication Instructions in Georgia Must Include “Permanent Brain Function Alteration” Limitation; Intoxication Alone Does Not Render a Confession Involuntary Absent Police Coercion...
Baseless Damages Theories and Bad-Faith Settlement Tactics Can Render a Lanham Act Case “Exceptional” and Support § 1927 Sanctions: Second Circuit Affirms Fee Award and Joint-and-Several Liability Without a Hearing

Baseless Damages Theories and Bad-Faith Settlement Tactics Can Render a Lanham Act Case “Exceptional” and Support § 1927 Sanctions: Second Circuit Affirms Fee Award and Joint-and-Several Liability Without a Hearing

Date: Oct 17, 2025
Baseless Damages Theories and Bad-Faith Settlement Tactics Can Render a Lanham Act Case “Exceptional” and Support § 1927 Sanctions: Second Circuit Affirms Fee Award and Joint-and-Several Liability...
Basra v. Bondi: Reaffirming Strict Limits on Untimely, Number‑Barred Motions to Reopen—No Changed‑Conditions Reopening Without Credibility Rehabilitation; Equitable Tolling Requires Diligence

Basra v. Bondi: Reaffirming Strict Limits on Untimely, Number‑Barred Motions to Reopen—No Changed‑Conditions Reopening Without Credibility Rehabilitation; Equitable Tolling Requires Diligence

Date: Oct 17, 2025
Basra v. Bondi: Reaffirming Strict Limits on Untimely, Number‑Barred Motions to Reopen—No Changed‑Conditions Reopening Without Credibility Rehabilitation; Equitable Tolling Requires Diligence...
Unlicensed Home Health Aides Are Not Covered: Second Circuit’s Nonprecedential Clarification of Brighthouse’s Home Health Care Benefits

Unlicensed Home Health Aides Are Not Covered: Second Circuit’s Nonprecedential Clarification of Brighthouse’s Home Health Care Benefits

Date: Oct 17, 2025
Unlicensed Home Health Aides Are Not Covered: Second Circuit’s Nonprecedential Clarification of Brighthouse’s Home Health Care Benefits Case: Jackling v. Brighthouse Life Insurance Company (No....
Misconduct Is Not Disability Discrimination: Second Circuit Reaffirms that the ADA Does Not Require Excusing Disruptive Conduct and Demands Plausible Causation for Discrimination, Accommodation, and Retaliation Claims in Youth Sports Settings

Misconduct Is Not Disability Discrimination: Second Circuit Reaffirms that the ADA Does Not Require Excusing Disruptive Conduct and Demands Plausible Causation for Discrimination, Accommodation, and Retaliation Claims in Youth Sports Settings

Date: Oct 17, 2025
Misconduct Is Not Disability Discrimination: Second Circuit Reaffirms that the ADA Does Not Require Excusing Disruptive Conduct and Demands Plausible Causation for Discrimination, Accommodation, and...
Foreseeability and Realistic Opportunity to Intervene: Second Circuit Reaffirms Deliberate Indifference Pleading Standards and Duplicative Official-Capacity Claims in Montgomery v. Orange County

Foreseeability and Realistic Opportunity to Intervene: Second Circuit Reaffirms Deliberate Indifference Pleading Standards and Duplicative Official-Capacity Claims in Montgomery v. Orange County

Date: Oct 17, 2025
Foreseeability and Realistic Opportunity to Intervene: Second Circuit Reaffirms Deliberate Indifference Pleading Standards and Duplicative Official-Capacity Claims in Montgomery v. Orange County...
United States v. Hild: No Actual-Loss Requirement, No Brady Duty to Highlight, and No Automatic Recusal for Spouse’s Law Firm Ties (2d Cir. 2025)

United States v. Hild: No Actual-Loss Requirement, No Brady Duty to Highlight, and No Automatic Recusal for Spouse’s Law Firm Ties (2d Cir. 2025)

Date: Oct 17, 2025
United States v. Hild: No Actual-Loss Requirement, No Brady Duty to Highlight, and No Automatic Recusal for Spouse’s Law Firm Ties Court: United States Court of Appeals for the Second Circuit Date:...
Reserved-Rights Plea Agreements Permit Government Advocacy for Additional Enhancements; Sadism Enhancement Applies to Morphed Images; Obstruction Adjustment Reaches Overlapping Investigations

Reserved-Rights Plea Agreements Permit Government Advocacy for Additional Enhancements; Sadism Enhancement Applies to Morphed Images; Obstruction Adjustment Reaches Overlapping Investigations

Date: Oct 17, 2025
Reserved-Rights Plea Agreements Permit Government Advocacy for Additional Enhancements; Sadism Enhancement Applies to Morphed Images; Obstruction Adjustment Reaches Overlapping Investigations Note:...
Conscious Avoidance Limited to Conspiracy Knowledge and MVRA Attorneys’ Fees May Be Awarded Without Detailed Billing: United States v. Rains (2d Cir. 2025, Summary Order)

Conscious Avoidance Limited to Conspiracy Knowledge and MVRA Attorneys’ Fees May Be Awarded Without Detailed Billing: United States v. Rains (2d Cir. 2025, Summary Order)

Date: Oct 17, 2025
Conscious Avoidance Limited to Conspiracy Knowledge and MVRA Attorneys’ Fees May Be Awarded Without Detailed Billing: United States v. Rains (2d Cir. 2025, Summary Order) Court: U.S. Court of Appeals...
Clearing the 340B Antitrust Path: Second Circuit Confirms Astra/Illinois Brick Do Not Bar Section 1 Claims and Endorses a Flexible Parallel-Conduct Pleading Standard

Clearing the 340B Antitrust Path: Second Circuit Confirms Astra/Illinois Brick Do Not Bar Section 1 Claims and Endorses a Flexible Parallel-Conduct Pleading Standard

Date: Oct 17, 2025
Clearing the 340B Antitrust Path: Second Circuit Confirms Astra/Illinois Brick Do Not Bar Section 1 Claims and Endorses a Flexible Parallel-Conduct Pleading Standard Introduction In Mosaic Health,...
No Step-Two Without a “Meaningful Constraint”: Second Circuit Upholds New York’s Ammunition Background Check Regime at Bruen’s Threshold

No Step-Two Without a “Meaningful Constraint”: Second Circuit Upholds New York’s Ammunition Background Check Regime at Bruen’s Threshold

Date: Oct 17, 2025
No Step-Two Without a “Meaningful Constraint”: Second Circuit Upholds New York’s Ammunition Background Check Regime at Bruen’s Threshold Introduction In N.Y. State Firearms Ass'n v. James, No....
Affirmance by Abandonment and Reaffirmation that Indefinite Leave Is Not a Reasonable Accommodation under the Rehabilitation Act

Affirmance by Abandonment and Reaffirmation that Indefinite Leave Is Not a Reasonable Accommodation under the Rehabilitation Act

Date: Oct 17, 2025
Affirmance by Abandonment and Reaffirmation that Indefinite Leave Is Not a Reasonable Accommodation under the Rehabilitation Act Case: Bill V. Ypsilantis v. Secretary, U.S. Department of the...
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